Clifton v. Sharpe
Supreme Court of Alabama
Error to the County Court of Fayette. Before the Hon. B. W. Wilson, Judge. This was an action by defendant in error, for the use of Alfred Battle, guardian of the orphans of Elias Fort, deceased, against the plaintiffs in error, on a bill single.
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Error to the County Court of Fayette. Before the Hon. B. W. Wilson, Judge. This was an action by defendant in error, for the use of Alfred Battle, guardian of the orphans of Elias Fort, deceased, against the plaintiffs in error, on a bill single. In the course of the trial, as appears by a bill of exceptions, the plaintiff below offered as a witness Elias Fort, one of the orphans of Elias Fort, deceased, who being examined on his voir dire, stated, that when he made a final settlement with Battle, his guardian, he received from him, among other claims, the paper sued on, and that he was still…
1Opinion of the CourtDargan, J.
This case, falls directly within the principle, of the case of Houston v. Prewett, 8 Ala. 846. In that case, it was held, that a witness who was the real plaintiff, though not a party to the record, could not transfer his interest in the suit, so as to render himself competent. See also Bell v. Smith, 5 Barn. & Cres. 188. Here, although the suit is in the name of Sharpe, for the use of Battle, it was shown, that the bond was -in fact the property of Elias Fort, the witness, and that he put it in suit; and in order to render himself a competent witness, transfers his interest to his mother, at…
2Cases cited1 opinion
- Houston v. PrewittSupreme Court of Alabama · 1846
3Cited by2 opinions
- Louis's Administrator v. EastonSupreme Court of Alabama · 1874
- Loftin v. LyonSupreme Court of Alabama · 1853